Constructive Receipt

The IRS continues to focus on issues related to constructive receipt of income in its audits, especially for public sector employers. Generally, a choice for employees between taxable (e.g., cash), nontaxable (e.g., health insurance) and/or tax-deferred (e.g., retirement plan contributions) benefits results in immediate taxation, even if the nontaxable or tax-deferred benefits are chosen, unless an Internal Revenue Code exemption applies.
 
Best Best & Krieger LLP helps clients navigate and comply with the complex rules that apply to taxation of income, so that clients can overcome challenges in structuring employee benefits, elections and options to avoid adverse tax consequences. We assist clients in designing tax-compliant employee options, including those that cash-out accrued leave and/or defer accrued leave to a deferred compensation plan.
 
Our lawyers work closely with employers to review current policies and memoranda of understanding, assist in revising necessary documentation, and advise on the structure and administration of all policies that might implicate the constructive receipt doctrine.

Public Sector: Employee Benefits & Executive Compensation

We provide public employers with strategic counsel and advice on a variety of employee benefit issues. Learn more about all of our benefits, pension and compensation services for public agencies:

Jeff Chang

Jeff Chang

Partner

(916) 329-3685

Areas of Focus: Employee Benefits & Executive Compensation | Public Sector: Employee Benefits & Executive Compensation
Karen S. Fogarty

Karen S. Fogarty

Paralegal*

(951) 826-8403

Areas of Focus: Business | Business Litigation | Employee Benefits & Executive Compensation | Public Sector: Employee Benefits & Executive Compensation
Laurie A. Ibarra

Laurie A. Ibarra

Paralegal*

(951) 826-8354

Areas of Focus: Business | Business Litigation | Employee Benefits & Executive Compensation | Public Sector: Employee Benefits & Executive Compensation | Trusts & Estates
Marissa Morimoto

Marissa Morimoto

Associate

(951) 826-8277

Areas of Focus: Business | Employee Benefits & Executive Compensation | Public Sector: Employee Benefits & Executive Compensation
Susan Neethling

Susan Neethling

Of Counsel

(916) 329-3687

Areas of Focus: Employee Benefits & Executive Compensation | Public Sector: Employee Benefits & Executive Compensation
Isabel C. Safie

Isabel C. Safie

Partner

(951) 826-8309

Areas of Focus: Employee Benefits & Executive Compensation | Public Sector: Employee Benefits & Executive Compensation | Tax

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